| Full Citation | Della Hough-Scoma v. Wal-Mart Stores, Inc. 99-7518 (L), 99-7592 (XAP); 96-CV-707(S) |
| Court | Court of Appeals for the Second Circuit; District Court for the Western District of New York |
| Facts of Case | Female sustained cervical injuries when hit on the back of the head by a falling carpet; returned to work as a nurse with accommodations made by her employer; doctor does not believe that cervical range of motion will ever be normal, but does not place any work restrictions on her |
| Challenge Issues | Insufficient foundation laid for inclusion of
the "Gamboa Tables" Lack of medical evidence to support claim of future lost wages |
| VEI Observation | Though medical evidence existed that the plaintiff's restricted range of motion might be permanent, no work restrictions were placed on her. Plaintiff’s expert used The New Worklife Expectancy Tables as part of his testimony. The Second Circuit overturned the jury award on future lost wages that was based partly on the tables. The court, however, notes that the tables were not submitted into evidence and as a result that “the record is insufficient to establish that these tables are applicable under the circumstances present in this case.†No evidence was submitted on such supporting information as the government’s definition of work disability or on the peer review of the tables and the Current Population Survey data. This support does exist. The court simply did not have the information necessary for making an informed decision. |
| Results | Court disallowed claim for future lost wages; Opinions (January 7, 2000; April 15, 1999) |
